Health System Improvements Act, 2007, S.O. 2007, c. 10 - Bill 171

• Jurisdiction: Ontario
• Date: 04 June 2007
• Bill Number: 171

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 171 and does not form part of the law. Bill 171 has been enacted as Chapter 10 of the Statutes of Ontario, 2007

SCHEDULE A
AMBULANCE ACT

Schedule A amends the Ambulance Act. The amendments to subsection 4 (3) of the Act broaden the Minister’s grant-making powers.

The amendments to create Part IV.1 of the Act empower the Minister to designate by regulation,

(a) one or more persons who meet the certification requirements under the Act to provide land ambulance services; or

(b) one or more persons to ensure the provision of land ambulance services.

Any such regulation would set out the duties and powers of a designated person and the conditions to which that person is subject.

Part IV.1 would also make it clear that the creation by regulation of a new or expanded class of persons who have land ambulance responsibilities would not detract from or otherwise affect the duties or powers of an upper-tier municipality or designated delivery agent under Part III or Part IV of the Act, except where the regulation provides otherwise.

Subsection 19 (2) of the Act sets out the persons who are entitled to share personal health information with each other without the consent of the individual to whom the information relates for the purposes described in subsection 19 (3). The amendments to subsection 19 (3) of the Act clarify that the sharing of personal health information permitted under subsection 19 (2) may occur for purposes related to the provision of communication services and base hospital programs.

schedule b
amendments concerning health professions

Schedule B amends various Acts respecting health professions. Clause 23 (2) (d.2) of the Health Professions Procedural Code, Schedule 2 to the Regulated Health Professions Act, 1991, is amended to clarify that the register shall only contain the names of shareholders who are members of the College and not the names of shareholders who are family members. Fines are increased under a number of Acts, obsolete provisions are repealed, and the councils of some health colleges are given the power to designate categories of drugs that may be used or prescribed by members. Changes are made in the powers of dental hygienists to initiate certain procedures. The Pharmacy Act, 1991 is also amended to protect the title “pharmacy technician” and change the composition of the Council of the Ontario College of Pharmacists to include pharmacy technicians, which will be a new class of certificate of registration.

Other miscellaneous amendments are also made.

schedule C
health insurance act

Schedule C amends the Health Insurance Act. The Minister is given the power to classify physiotherapy clinics as health facilities, instead of this being done through regulation. This Schedule also provides for notification of changes to OHIP registration information and clarifies the authority to make regulations requiring provision of this information to OHIP as well as permitting regulations for the security of health cards.

Schedule D
Health Protection and Promotion Act, Ontario Water Resources Act and Safe Drinking Water Act, 2002

Schedule D makes amendments to the Health Protection and Promotion Act, the Ontario Water Resources Act and the Safe Drinking Water Act, 2002.

The amendments to the Health Protection and Promotion Act facilitate the transfer of the regulation of specified small drinking-water systems from the Safe Drinking Water Act, 2002 to the Health Protection and Promotion Act. These amendments include the following:

1. Section 5 of the Act is amended by adding the provision of safe drinking water by small drinking-water systems to the list of mandatory health programs and services superintended, provided or ensured by boards of health.

2. Section 7 of the Act is amended to permit guidelines to adopt by reference codes, formulas, protocols or procedures. Such adoptions may include adopting amendments to the code, formula, protocol or procedure made after the guideline is issued, but such amendments do not come into effect until the Ministry gives notice of them.

3. The Act is amended by adding section 12.1 which, with respect to small drinking-water systems, authorizes a medical officer of health to vary specific provisions in regulations on a temporary basis and allows a medical officer of health to establish interim requirements in respect of a small drinking-water system, provided that the risk to the users of the small drinking-water system is not increased.

4. Section 41 of the Act is amended to include small drinking-water systems in the enforcement provisions.

5. The Act is amended to include broad regulation-making powers in respect of small drinking-water systems to facilitate their regulation. There is also the power to make regulations in respect of transitional matters.

6. Section 102 of the Act is amended by adding the restraint of a contravention of a directive relating to small drinking-water systems by an order of the Superior Court of Justice. Section 102 already authorizes the restraint of an order under the Act.

Several provisions of the Ontario Water Resources Act that refer to other environmental statutes are amended to include a reference to the Safe Drinking Water Act, 2002.

Several references to “water works” are deleted from the Ontario Water Resources Act. The Safe Drinking Water Act, 2002 and the proposed amendments to the Health Protection and Promotion Act govern drinking-water systems to which these references applied.

Section 52 of the Ontario Water Resources Act, which provides for approval of water works, is repealed. The Safe Drinking Water Act, 2002 and the proposed amendments to the Health Protection and Promotion Act govern these facilities.

Clause 106.1 (3) (b) of the Ontario Water Resources Act is amended to bring its language into conformity with subsection 30 (1) of the Act.

The reference to standards for potable water in clause 75 (1) (i) of the Ontario Water Resources Act is deleted. Drinking water standards may be prescribed by regulations made under the Safe Drinking Water Act, 2002 and the proposed amendments to the Health Protection and Promotion Act.

Laboratories licensed under the Safe Drinking Water Act, 2002 may conduct tests relating to small drinking-water systems regulated under the proposed amendments to the Health Protection and Promotion Act. The Safe Drinking Water Act, 2002 is amended to ensure that it applies to these tests and to the laboratories that conduct them.

Other provisions of the Safe Drinking Water Act, 2002 are amended to ensure that they continue to apply with respect to small drinking-water systems regulated under the proposed amendments to the Health Protection and Promotion Act.

References to accredited operating authorities in several provisions of the Safe Drinking Water Act, 2002 are amended to remove the word “accredited”. The amendments will permit these provisions to apply to operating authorities that have not yet been accredited.

Section 54 of the Safe Drinking Water Act, 2002 is amended to clarify its relationship to subsection 52 (1). The amendments that replace subsection 54 (2) (alterations to regulated non-municipal drinking-water systems) also clarify that an application for an approval is required in two circumstances. First, an application is required if an approval under subsection 52 (1) is required and the alteration was authorized by a previously granted approval. Second, an application is required if the alteration relates to a condition that was imposed under subsection 60 (2) of the Act.

Section 127 of the Safe Drinking Water Act, 2002 is amended to refer to certificates. The amendments permit operators of drinking-water systems to appeal decisions made by the Director relating to the operator certification program.

Schedule E
Immunization of School Pupils Act

Schedule E amends the Immunization of School Pupils Act to permit registered nurses who hold an extended certificate of registration to sign a statement of medical exemption under the Act and to undertake other activities under the Act. The amendments also permit other nurses to undertake certain activities under the Act.

schedule F
health protection and promotion act

Schedule F makes numerous amendments to the Health Protection and Promotion Act. Among them:

1. Certain provisions of the Act are amended to add references to “registered nurse in the extended class” and by adding a definition for that term.

2. The definition of “institution” in subsection 21 (1) and of “practitioner” in subsection 25 (2) of the Act are amended to allow the Lieutenant Governor in Council to add to the list of practitioners and institutions by way of regulation.

3. Subsection 29 (1) of the Act is amended to change the location of where the laboratories send reports of positive findings in respect of reportable diseases.

4. The Act is amended to allow reporting by medical officers of health to health facilities in regard of communicable diseases acquired at facilities and to allow for the issuance of orders against institutions or public hospitals for the purpose of dealing with communicable disease outbreaks.

5. Subsection 38 (1) of the Act is amended by adding three additional diseases to the definition of “immunizing agent”.

6. Subsection 39 (2) of the Act is amended to provide an exemption from the confidentiality requirement in subsection 39 (1) where disclosure is authorized under the Act or the Personal Health Information Act, 2004.

7. The Act is amended by adding a new Part, Part VI.I, entitled “Provincial Public Health Powers”. Sections 86, 86.1, 86.2 and 87 of the Act are moved from Part VII “Administration” and placed under Part VI.I. Sections 86, 86.1, 86.2 and 87 will now become sections 77.1, 77.2, 77.3 and 77.4. In addition section 86 (which will become section 77.1) is amended to...